A Bogus Threat to “Desegregation”

Roger CleggGovernment Activity

There was a big front-page story in the Washington Post this week about a bill before the Kentucky state legislature that will, the headlines claim, “threaten” school “desegregation” in Louisville.  Hardly.  My favorite sentence in the story:  “The threat is no longer from protestors in hoods throwing bricks at buses carrying black children into white parts of town, but from state legislators pushing a bill to return to neighborhood schools.”  Nothing but straight news reporting here, folks!  Nothing slanted or tendentious, nosiree! Look:  There is no segregation in Louisville or anywhere else in the country, and there is no threat …

Disparate Impact in Kansas City

Roger CleggDisparate Impact

Last week I spoke at the law school for the University of Missouri at Kansas City against the use of a “disparate impact” approach in civil-rights law.  It went very well, and I thought in this week’s email I would give you a summary account of what I said.  It’s similar to a talk I gave at Harvard Law School not too long ago, with the difference that last week I also had some excellent barbecue afterwards. Under a disparate-impact claim of discrimination, discriminatory motive is irrelevant: It need not be alleged nor proved, and it doesn’t even matter if …

HP Mandates Quotas

Roger CleggRacial Preferences

Kim M. Rivera, who is chief legal officer and general counsel of HP Inc., is serious in her insistence that law firms doing work for her company meet the racial, ethnic, and gender quotas she has set for them (she calls it “achieving the metric”). She has sent this letter informing them that the company will withhold up to 10 percent of any amount invoiced by the law firms if they “do not meet or exceed our minimal diverse staffing requirements.” She helpfully appends a description of the program. It spells out, for example, that the definition of “diverse” attorneys …

CEO to Cities: Don’t Do It!

Roger CleggUncategorized

The Center for Equal Opportunity has been particularly active in recent months with its ongoing project of warning state and local governments (especially cities and counties) not to start down the road of awarding government contracts with an eye on race, ethnicity, and sex.  Here’s the sort of memorandum (citations and links omitted) we send to the relevant officials, most recently in Georgia, North Carolina, Florida, and Virginia: We are writing with regard to a recent news story, which was brought to our attention this week and which discusses the City’s minority contracting efforts. We urge the City to be …

E Pluribus Unum

Roger CleggUncategorized

At last week’s prayer breakfast, President Trump made fun of Arnold Schwarzenegger’s poor ratings as his replacement on Celebrity Apprentice, but he also said this:  “So in the coming days, we will develop a system to help ensure that those admitted into our country fully embrace our values of religious and personal liberty, and that they reject any form of oppression and discrimination.  We want people to come into our nation, but we want people to love us and to love our values — not to hate us and to hate our values.” The President’s remarks about Mr. Schwarzenegger were …

The Racial Poison of “White Privilege”

Roger CleggUncategorized

I had occasion recently to post on National Review Online this short summary of why the accusation of “white privilege” is poisonous: It is, for starters, a divisive phrase, much more likely to hurt race relations than help them, as it lumps together all white people — many of whom cannot be considered “privileged” by any reasonable standard — and points an accusatory finger at them, asserting, “You don’t deserve what you have.” It is, at bottom, just another way of complaining about stereotyping, even though all racial groups — indeed, all groups, period — face stereotyping, some negative and …

Bad Resolution for the New Year

Roger CleggUncategorized

A couple of years ago, a bad Senate resolution was introduced, encouraging the entire private sector to adopt a ramped-up version of the National Football League’s “Rooney Rule”: That rule originally required that at least one racial minority be introduced for any head coaching vacancy, and the Senate resolution now wants interviewed at least two “qualified minority candidates for each managerial opening at the director level and above” and least two minority-owned businesses for vendor contracts. Well, that bad Senate resolution is back.  What remains especially lamentable is that it’s being proposed not by Bernie Sanders but by Tim Scott, who should …

Dr. King, Race Relations, and Obama’s Farewell Address

Roger CleggUncategorized

Let me begin my take on Barack Obama’s farewell address last week and the state of race relations as he leaves office by quoting what I wrote in 2004, after he delivered the Democratic National Convention keynote that vaulted him into the public eye: Barack Obama gave a fine speech, but it was not a speech that reflects the current Democratic Party. It celebrated America as “a magical place”; it did not bemoan our racism and imperialism. It professed that this black man “owe[d] a debt to those who came before” him; it did not call for reparations. It spoke …

Confirm Senator Sessions

Roger CleggUncategorized

The Department of Justice has law-enforcement responsibilities in all kinds of areas: antitrust, tax, environment, general criminal and civil litigation, and so forth.  But just about all the opposition to President-elect Donald Trump’s nominee to head the department as attorney general, Sen. Jeff Sessions, is because of one area:  civil rights.  That happens to be the Center for Equal Opportunity’s area, too. Opponents to the nomination are trying to paint Sen. Sessions as a racist, and as someone who therefore will be unenthusiastic about enforcing the civil-rights laws.  But the real concern here is not that Sen. Sessions will not …

Year-End Thanks to the Senate

Roger CleggUncategorized

As we count our blessings at the end of the year, don’t forget to include thanks to Senator Mitch McConnell and the Senate Judiciary Committee for what they’ve done to keep the federal judiciary from getting any worse than it already is. It’s hard to win even good lawsuits with bad judges. A few examples that have come across my desk just in the past week or so: George Leef has a fine column on how Grand Valley State University has been sued, rightly, for violating the free-speech rights of its students. Microsoft ought to be sued if it decides …